S.I. No. 88/1959 - Fishing Weir Operation (No. 3) Order, 1959.

S.I. No. 88 of 1959.

FISHING WEIR OPERATION (No. 3) ORDER, 1959.

I, ERSKINE H. CHILDERS, Minister for Lands, in exercise of the powers conferred on me by section 3 of the Fisheries (Amendment) Act, 1953 (No. 16 of 1953), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1957 ( S.I. No. 67 of 1957 ), and after due compliance with subsection (2) of the said section 3, hereby order as follows :—

1. This Order may be cited as the Fishing Weir Operation (No. 3) Order, 1959.

2. This Order shall come into operation on the 1st day of June, 1959.

3. In this Order the expression " weekly fishing time " means the period commencing at 6 a.m. on Monday and ending at 6 a.m. on the following Friday or such shorter period during which it shall be lawful to use an engine other than a rod and line for the capture of salmon.

4. The Electricity Supply Board is hereby authorised to operate without a free gap the fishing weir known as Cathaleen's Falls Weir in the town of Ballyshannon, subject to the following conditions :—

(a) the number of fish entering the said weir shall be counted in a manner to be approved by the Minister for Lands ;

(b) the fish entering the said weir during the periods specified shall be dealt with as follows :

(i) there shall be released upstream immediately after a count thereof has been made all fish taken in the said weir during the period from the 1st day of January to the 31st day of May in each year and during the period from the 21st day of July to the 31st day of December in each year.

(ii) there shall be released upstream immediately after a count thereof has been made all fish taken in the said weir during the period or any part of the period, other than the weekly fishing time, occurring each week from the 1st day of June to the 20th day of July following,

(iii) of the fish entering the said weir during the weekly fishing time or any portion of the weekly fishing time during the period from the 1st day of June to the 20th day of July following there shall bereleased upstream a number of fish which, together with the number of fish released in accordance with subparagraph (ii) of this paragraph shall be not less than seven-eighths of the total number of fish entering the weir during the entire period of the seven days ending with such weekly fishing time ;

(c) fish shall be taken in the said weir only in such manner as may be approved by the Minister for Lands ;

(d) the method of calculation to be adopted for the purpose of this Order shall be settled to the satisfaction of the Minister for Lands ;

(e) a record shall be kept in a place convenient to the said weir of the number of fish entering the weir, the number permitted to escape upstream and the number and weight of the fish retained.

GIVEN under my Official Seal, this 22nd day of May, 1959.

ERSKINE H. CHILDERS,

Minister for Lands.

EXPLANATORY NOTE.

This Order authorises the Electricity Supply Board to operate without a free gap the Cathaleen Falls Weir at Ballyshannon, subject to certain conditions.